Recap 09/13-14/2011 R
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 13-14,2011
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman
Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
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September 13-14, 2011
BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAM lAM I TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Trista Sue Kragh - Naples Embassy
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
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September 13-14,2011
B. July 26,2011 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating September 12 through September 16, 2011 as
Industry Appreciation Week. To be accepted by Beth Sterchi and Katie
Betz. Sponsored by Commissioner Coyle.
Adopted - 5/0
B. Proclamation recognizing The United Way of Collier County for their
outstanding contributions to the community and to wish them yet another
year of great success as they kick off their 2011/2012 season. To be
accepted by Ernie Bretzmann, United Way staff, and United Way Board of
Directors. Sponsored by Commissioner Hiller.
Adopted - 5/0
C. Proclamation designating September 13,2011 as Cody Anderson Day. To
be accepted by Cody Anderson. Sponsored by Commissioner Coyle.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Sheree Mediavilla, Administrative Assistant,
Public Utilities Operations Department, as the Employee of the Month for
July 2011.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Allan G. Reeves regarding the requirement of
permits for the replacement of electric water heaters located in multi-family
dwellings.
Motion to bring back at next BCC Meeting - Approved 5/0
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September 13-14,2011
B. Public Petition request from Keith Roman seeking Board approval for a
repayment settlement of $2,000 for a State Housing Initiative Partnership
(S.H.J.P.) loan of$24,272.50, for his home at 7797 Esmeralda Way, Unit
201, Naples.
Motion to bring back at next BCC Meeting - Approved 5/0
C. Public Petition request from David Delaney, requesting a "variance" from
the Board of County Commissioners, to keep six adult dogs at his residence
at 168 Skipping Stone Lane; thereby exceeding the limit of three adult dogs
as permitted in the Land Development Code. Case was heard by the Collier
County Special Magistrate on February 4,2011.
Motion to bring back for a full hearing - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 11m unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued to the September 27~ 2011 meetin2. DRI-
2006-AR-1 0147: Hacienda Lakes DRI -- A Resolution of the Board of
County Commissioners of Collier County, Florida approving a Development
Order for Hacienda Lakes, a Development of Regional Impact located in
Sections 11 through 14 and 23 through 25, Township 50 South, Range 26
East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier
County, Florida which will allow up to 1,760 residential dwelling units
including conversions to recreational vehicle park and senior housing for
independent living, assisted living and nursing care, 327,500 square feet of
retail use, 70,000 square feet of professional and medical office including a
conversion of retail use to professional and medical office, a 135-room hotel
including a conversion to business park, 140,000 square feet of business
park or educational facility, a public school, and continuation of existing
"Junior Deputy" passive recreation and existing "swamp buggy" attraction;
providing for Findings of Fact; providing for Conclusions of Law; and
providing an effective date. (Companion to Petitions PUDZ-2006-AR-I0146
and CP-2006-11) (Coordinator: Kay Deselem, AICP, Principal Planner)
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September 13-14,2011
Wednesday, September 14,2011
B. This item requires that ex parte disclosure be provided bv Commission
members. PUDZ-PL2009-10l7: Estates Shopping Center CPUD -- An
Ordinance of the Board of County Commissioners of Collier County,
Florida amending Ordinance No. 2004-41, as amended, the Collier County
Land Development Code, which established the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from an Estates (E)
zoning district with a Well field Risk Management Special Treatment
Overlay to a Commercial Planned Unit Development (CPUD) zoning district
with a Wellfield Risk Management Special Treatment Overlay for the
project to be known as the Estates Shopping Center CPUD to allow up to
170,000 square feet of commercial development on property located in the
northwest corner of the Golden Gate Boulevard and Wilson Boulevard
intersection in Section 4, Township 49 South, Range 27 East, Collier
County, Florida consisting of 4l::J: acres; and providing an effective date
(Companion to Petition CP-2008-0l).
Ordinance 2011-30 Motion to approve with CCPC recommendations
w/limitations of the square footage to 150,000 - Adopted 4/1
(Commissioner Fiala opposed)
C. This item requires that ex parte disclosure be provided bv Commission
members. Recommendation to approve the 2010 Cycle of Growth
Management Plan Amendments, including one 2008 Cycle Petition.
(Adoption Hearing)
Ordinance 2011-26 (CPSP-2010-02/G.G. Area Master Plan & Future
Land Use Map and Maps Series) - Adopted 5/0
Ordinance 2011-27 (CPSP-2010-05/Future Land Use Element and
Future Land Use Map and Map Series deleting Davis Blvd/County Barn
Road Mixed Use Subdistrict) - Adopted 5/0
Ordinance 2011-28 (CPSP-2010-0l/Future Land Use Element-FLUE,
modifying the language of Vanderbilt Beach Road Neighborhood
Commercial Subdistrict) - Adopted 5/0
Wednesday, September 14,2011
Ordinance 2011-29 (CP-2008-0l/G.G. Area Master Plan and Future
Land Use Map and Map Series) - Motion to approve CP-2008-01
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September 13-14, 2011
w/staff and CCPC recommendations - Adopted 4/1 (Commissioner
Fiala opposed)
No Ex Parte Required (Per County Manager during Agenda Changes)
D. This item to be heard at 10:45 a.m. This Item requires that ex parte
diselosure be pru"lided by CommissioB members. Recommendation to
Consider and Adopt a Resolution Establishing New County Commission
District Boundaries, Pursuant to Chapter 124, Florida Statutes, and the
Florida Constitution.
Resolution 2011-163: Motion to Approve Map #IA - Adopted
w/stipulations - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Airport Authority Advisory Board.
Resolution 2011-156: Re-appointing James Murray and Lloyd Buerhoff
and Appointing Frank Halas - Adopted 4/1 (Commissioner Hiller
opposed)
B. Appointment of member to the Conservation Collier Land Acquisition
Advisory Committee.
Resolution 2011-157: Appointing Tracey Dewrell- Adopted 5/0
C. Appointment of member to the Value Adjustment Board.
Resolution 2011-158: Appointing Darlene M. Allia - Adopted 5/0
D. Appointment of member to the Pelican Bay Services Division Board.
Resolution 2011-159: Appointing Susan O'Brien - Adopted 5/0
E. Appointment of members to the Water and Wastewater Authority.
Resolution 2011-160: Re-appointing Fay Biles and Jerry Morgan-
Adopted 5/0
F. Appointment of member to the Black Affairs Advisory Board.
Resolution 2011-161: Re-appointing LaVerne C. Franklin - Adopted 5/0
G. Request for reconsideration of Item # l6D4 from the July 26, 2011 BCC
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September 13-14, 2011
Meeting titled "Recommendation to approve the Category "A" Tourist
Development Fund 183 Grant Applications for Beach Park Facilities for
FY201ll12 in the amount of$1,025,000, make a finding that the expenditure
will promote tourism, and authorize the Chairman to sign necessary
agreements following County Attorney approval. (Commissioner Hiller)
Motion to reconsider - Approved 4/1 (Commissioner Fiala opposed)
Moved from Item #16H3 (Per Agenda Change Sheet)
H. To authorize the Chairman of the Board of County Commissioners to sign
a letter of concurrency for the Florida Department of Children and Families
for the State of Florida Refugee Services Targeted Assistance Grant
Program and the utilization of these funds in Collier County through the
Catholic Charities.
Approved - 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 5:00 p.m. Recommendation to review and
approve the Parks and Recreation Master Plan prepared by Tindale-Oliver
and Associates, Inc. with the addition of citizen input meetings held April 6
and 7, 2011. (Marla Ramsey, Public Services Administrator)
Continued to the September 27, 2011 BCC Meeting - Consensus
B. Recommendation to adopt a Resolution renaming the Gulf Coast Park, 5611
Warren Street, "Cindy Mysels Park." The renaming is sponsored by Mr.
Anthony P. Feola, Vice President of the Gulf Coast Little League and
supported by 1,288 residents of Collier County. (Mike Sheffield, Business
Operations Manager, County Manager's Office)
Resolution 2011-155 Adopted - 5/0
C. This item to be heard at 4:00 p.m. Provide a staff response to the question
of using fluoride in the public potable water supply distributed by the Public
Utilities Division's Water Department, as directed by the Board of County
Commissioners during its June 14,2011 meeting. (George Yilmaz, Public
Utilities Administrator and Dr. Joan Colfer, Collier County Health
Department Director)
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September 13-14, 2011
Motion to continue using fluoride in the public water - Approved 4/1
(Commissioner Hiller opposed)
D. Recommendation to award a construction contract in the amount of
$1,497,195.48 for the "North County Regional Water Treatment Plant Main
Electrical Switchgear Replacement" to E.B. Simmonds Electrical, Inc., Bid
Number 11-5747, Project Number 70069, and authorize a budget
amendment in the amount of $247,695.48 to Project Number 70069. (Tom
Chmelik, Public Utilities Engineering Director)
Approved - 5/0
Wednesday, September 14,2011
E. Recommendation to award Contract #10-5447 in the amount of$574,996 for
Phase One and Phase Two, and $774,240 for Phase Three to EMA of
Minnesota, Inc., with authorization to issue a purchase order for Phases One
and Two for $574,996, in support of "Public Utilities Asset Management,"
Projects #71012 and #73165. (George Yilmaz, Public Utilities
Administrator)
Approved - 4/1 (Commissioner Hiller opposed)
Wednesday, September 14,2011
F. Recommendation to direct the County Attorney to submit an appeal in
response to a request from the Florida Department of Education, Food
and Nutrition Management Section (FNMS) to reclaim 25,652 meals for
program year 2009 and 31,582 meals for program year 2010 associated with
the Summer Food Program. (Marla Ramsey, Public Services Administrator)
Motion to file the appeal; If the County Attorney finds insufficient
grounds, the appeal will be dropped - Approved 5/0
Moved from Item #16D8 (Per Agenda Change Sheet)
G. This item was continued from the July 26~ 2011 BCC Meetin2. Request
that the Board of County Commissioners review and approve the County
Attorney's recommendation to waive any potential ethics conflict for a Code
Enforcement Board member based on Ch. 112, Florida Statutes.
Motion to disapprove waiver - Failed 2/3 (Commissioner Henning,
Commissioner Coletta and Commissioner Fiala opposed);
Motion to approve waiver - Failed 3/2 (Commissioners Coyle and
Commissioner Hiller opposed); Waiver is not granted due to lack of a
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September 13-14,2011
super-majority vote
Moved from Item #16A19 (Per Agenda Change Sheet)
H. Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County,
Florida, authorizing a speed limit decrease from fifty-five miles per hour
(55 mph) to fifty miles per hour (50 mph) on Collier Boulevard from Green
Boulevard to Golden Gate Boulevard at a cost of approximately $500.
Resolution 2011-162 - Adopted 5/0
Wednesday, September 14,2011
Moved from Item #16D5 (Per Agenda Change Sheet)
I. Recommendation to waive boarding fees in the amount of $16,400
associated with the kenneling of two declared dangerous dogs, in exchange
for dismissal of a pending dangerous dog appeal, and in order for the dogs to
be reunited with their owners, who currently live out-of-county.
Motion to demand payment within two week for the hard cost of
boarding the two dogs and to be brought back to Board at a future
meeting - Approved 4/0 (Commissioner Henning absent)
Wednesday, September 14,2011
Moved from Item #16A14 (Per Agenda Change Sheet)
J. PMC-PL20 11-872: Heavenly PUD - Notification of staffs intent to
approve a minor amendment to the Heavenly Planned Unit Development in
accordance with LDC Sections 10.02.13.E.6 and 8 to change the location
and type of plantings and to revise the buffer standards to reduce the height
of trees and plantings due to site conditions and conflicts with FPL lines, and
to allow payment in lieu of sidewalks instead of construction of a sidewalk
along Myrtle Road from North Trail Boulevard to the project entrance. The
subject property is located at 6926 Trail Boulevard, and comprises the entire
block bounded by Ridge Drive, West Street, Myrtle Road and Trail
Boulevard in Section 3, Township 49 South, Range 25 East of Collier
County, Florida.
Motion to continue to a future BCC Meeting - 4/0 (Commissioner
Coletta absent)
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September 13-14,2011
Wednesday, September 14,2011
Moved from Item #16A16 (Per Agenda Change Sheet)
K. Recommendation to provide after the fact approval for the submittal of a
State of Good Repair (SGR) Bus and Bus Facilities grant application, for the
amount of$11,335,290, to the Federal Transit Administration (FTA) for
construction of improvements at the Collier Area Transit ( CAT)
Administration and Maintenance Facility at 8300 Radio Road.
Approved 4/0 (Commissioner Coletta absent)
Moved from Item #16D3 (Per Commissioner Hiller during Agenda Changes)
L. Recommendation to approve and ratify staffs Zero Dollar Time Extension
Change Order for Professional Engineering Services with Atkins (previously
known as PBS&J) to Work Order No. 4500100227 in order to process final
invoice for work completed for "Clam Pass/Bay Estuary".
Motion to bring this item back to a future meeting with Clerk and
County Staff to work together regarding expiring contracts and
verifying work performed based on contract and scope of services
- Approved 5/0
11. COUNTY ATTORNEY'S REPORT
Wednesday, September 14,2011
Moved from Item #16K2 (Per Agenda Change Sheet)
A. Request for authorization to advertise and bring back for future
consideration ordinances which repeal or amend certain Collier County
ordinances relating to the regulation of firearms and ammunition in order to
comply with recent amendments to Section 790.33, Florida Statutes, which
preempts all such regulatory powers to the State of Florida effective October
1, 2011, and that following such future public hearing the Board considers
referring two Special Acts dealing with firearms to the Legislative
Delegation, with a request that the Legislature review them for possible
repeal.
Approved - 5/0
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Page 10
September 13-14, 2011
Wednesday, September 14,2011
Moved from Item #16B2 (Per Agenda Change Sheet)
A. This item was continued from the May 10~ 2011 BCC meetin2.
Recommendation to approve a Resolution to petition Governor Scott to
extend the "Rural Area of Critical Economic Concern" designation awarded
to Florida's Heartland Regional Economic Development Initiative, Inc. for
another 5-years and to keep the Community of Immokalee within the South
Central Rural Area of Critical Economic Concern designation.
Resolution 2011-164 and Motion to approve and designate Penny
Phillippi as the County's Representative - Adopted 4/0 (Commissioner
Henning absent)
Wednesday, September 14,2011
14. PUBLIC COMMENTS ON GENERAL TOPICS
A. Duane Billington - Absent on 9/14/2011
Wednesday, September 14,2011
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Hiller - Letter from Attorney James Kelly regarding
Smallwood Store
B. Commissioner Fiala - Suggestion regarding Public Speakers
C. Commissioner Fiala - Board Meetings too long suggest once a week
Board Meetings
D. Commissioner Coletta - Various Agenda Items that were passed
E. Commissioner Coletta - Motion to Adjourn - 4/0 (Commissioner
Henning absent)
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted with changes - 5/0
A. GROWTH MANAGEMENT DIVISION
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September 13-14,2011
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Cottesmore with the
roadway and drainage improvements being privately maintained and
authorizing the release of the maintenance security.
Resolution 2011-140
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item~ all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Saturnia Falls - Phase One,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
A Certificate of Adequate Public Facilities is required prior to the
issuance of the construction plan final approval letter
Continued to the September 27, 2011 BCC Meeting (Per Agenda Change Sheet)
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Caldecott with the
roadway and drainage improvements being privately maintained and
authorizing the release of the maintenance security.
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Verona Pointe with the
roadway and drainage improvements being privately maintained and
authorizing the release of the maintenance security.
Resolution 2011-141
5) This is a recommendation to approve a Settlement Agreement and
Release relative to the subdivision improvements associated with the
final plats of Sapphire Lakes Units 4A, 4B and 4C.
The Association is responsible for submitting the required PUD
monitoring reports
6) Recommendation to approve final acceptance of the water and sewer
utility facilities for Seacrest Upper School Campus, 7100 Davis
Boulevard, and to authorize the County Manager, or his designee, to
release any Utilities Performance Security to the Project Engineer or
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September 13-14,2011
the Developer's designated agent.
7) Recommendation to approve final acceptance of the water utility
facility for Naples Dodge/Mazda Storage Lot, 2451 J & C Blvd, and
to authorize the County Manager, or his designee, to release any
Utilities Performance Security to the Project Engineer or the
Developer's designated agent.
8) Recommendation to approve final acceptance of the water utility
facility for Meridian Market Place, 3355 Meridian Place, and to
authorize the County Manager, or his designee, to release any Utilities
Performance Security to the Project Engineer or the Developer's
designated agent.
9) Recommendation to approve final acceptance of the water utility
facility for American Momentum Center, 8625 Tamiami Trail North,
and to authorize the County Manager, or his designee, to release any
Utilities Performance Security to the Project Engineer or the
Developer's designated agent.
10) Recommendation to approve the release of lien in the Code
Enforcement Action entitled Board of County Commissioners vs.
Robert Custer, Code Enforcement Special Magistrate Case No.
CEPM-2009-0001763, relating to property located at 29 Covey Lane,
Collier County, Florida.
Waiving $6,550 in accrued fines
11) Recommendation to approve the award of Contract #11-5639 in the
amount of $450,000 and authorize the Chairman to execute an
agreement with TY Lin International, for "Design & Related Services
for the Replacement ofCR29 Bridge (#030161) over Chokoloskee
Bay" for Project No. 66066.
Built in 1955, the Bridge is failing to meet the minimum standards
according to the FDOT Bridge Inspection Reports
12) Recommendation to approve Change Order No.3 to Contract #09-
5278 in the amount of$2l0,645 with Stanley Consultants, Inc., for
Design & Related Services for the Intersection Capacity
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September 13-14, 2011
Improvements to the US 41 and SR/CR 951 Intersection and
Resurfacing, Restoration and Rehabilitation roadway improvements to
SR 951; Project #60116.
For Fiddler's Creek Parkway to Tower Road
13) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a Release of Lien for the Tuscan
Isle Apartments (formerly Saddlebrook Village Phase II) due to the
impact fees being paid in full in accordance with the Agreement for
100% Deferral of Collier County Impact Fees for Multi-Family
Affordable Housing, as set forth by Section 74-401 (e) and 74-401 (g)
(5) of the Collier County Code of Laws and Ordinances and the
executed Settlement Agreement between Creative Choice Homes,
XIV, Ltd. and Collier County.
Final payment received on July 11,2011
Moved to Item #10J (Per Agenda Change Sheet)
14) PMC-PL201l-872: Heavenly PUD - Notification of staffs intent to
approve a minor amendment to the Heavenly Planned Unit
Development in accordance with LDC Sections 10.02.13.E.6 and 8 to
change the location and type of plantings and to revise the buffer
standards to reduce the height of trees and plantings due to site
conditions and conflicts with FPL lines, and to allow payment in lieu
of sidewalks instead of construction of a sidewalk along Myrtle Road
from North Trail Boulevard to the project entrance. The subject
property is located at 6926 Trail Boulevard, and comprises the entire
block bounded by Ridge Drive, West Street, Myrtle Road and Trail
Boulevard in Section 3, Township 49 South, Range 25 East of Collier
County, Florida.
15) Recommendation to award Bid #11-5737 for "Forest Lakes MSTU
Sidewalks, Lighting & Planting - Phase I & IA" Project to 3-Rs
Equipment (d/b/a Richards Company) in the amount of$841,492.40
In response to public safety issues raised to the Forest Lakes
MSTU Advisory Committee by members of the community
Moved to Item #10K (Per Agenda Change Sheet)
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September 13-14,2011
16) Recommendation to provide after the fact approval for the submittal
of a State of Good Repair (SGR) Bus and Bus Facilities grant
application, for the amount of$11,335,290, to the Federal Transit
Administration (FT A) for construction of improvements at the Collier
Area Transit (CAT) Administration and Maintenance Facility at 8300
Radio Road.
17) Recommendation for Board approval of Hole Montes, Inc., as the
design professional short-list for RFP #11-5724 and to enter into
negotiations between Collier County and Hole Montes Inc. for
"Construction Engineer, Landscape Inspection and Site Restoration
Services for Vanderbilt Beach MSTU: FPL Underground Conversion
Project - Phase 1,2,3" pursuant to RFP #11-5724.
Providing hurricane protection and aesthetic improvements
through the burial of the existing overhead powerlines
18) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County,
Florida, establishing a speed limit of thirty-five miles per hour (35
mph) for the currently non-posted speed limit section of roadway of
Bailey Lane from Coco Lakes Drive east to Airport-Pulling Road at a
cost of approximately $400.
Resolution 2011-142
Moved to Item #10H (Per Agenda Change Sheet)
19) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County,
Florida, authorizing a speed limit decrease from fifty-five miles per
hour (55 mph) to fifty miles per hour (50 mph) on Collier Boulevard
from Green Boulevard to Golden Gate Boulevard at a cost of
approximately $500.
20) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County,
Florida, authorizing a speed limit increase from forty-five miles per
hour (45 mph) to fifty miles per hour (50 mph) on Pine Ridge Road
from Logan Boulevard to Collier Boulevard at a cost of approximately
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September 13-14,2011
$600.
Resolution 2011-143
21) This is a recommendation to approve for recording the final plat of
Quarry Phase 3, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
A Certificate of Adequate Public Facilities is required prior to the
issuance of the construction plan final approval letter
22) Recommendation to terminate the award of Bid #10-5528 "Bus
Shelter Installation" to AC Signs LLC,.at the request of the contractor;
to award Bid #10-5528 to the second lowest bidder, Wm. J. Varian
Construction Company, Inc.; and to authorize the Chairman to
execute the contract.
Due to the original contractor not sufficiently addressing issues in
their bid
23) Recommendation to provide after the fact approval for the submittal
of Shirley Conroy Rural Area Capital Equipment Support Grant in the
amount of $35,000, to the Florida Commission for Transportation
Disadvantaged for the installation of security cameras on-board the
paratransit vehicles and authorize the Chairman of the Board to sign
the grant and all applicable documents.
Resolution 2011-144
24) Recommendation to award Request for Proposal (RFP) # 11-5621 for
Design Services for improvements at the Collier Area Transit (CAT)
Administration and Operations Facility at 8300 Radio Road, to Atkins
North America, Inc., and to authorize the Chairman to execute the
attached contract in the amount of $502,451.20.
For the addition of a permanent transfer station, construction of a
fueling station and bus wash facility and construction of ADA
compliant restrooms
Withdrawn (Per Agenda Change Sheet)
25) Recommendation to advertise an amendment to Collier County
Ordinance No. 2009-44, the Radio Road East of Santa Barbara
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September 13-14,2011
Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU) Ordinance, to remove the sunset provision of six years and
provide that the MSTU be dissolved upon recommendation by the
MSTU Advisory Committee and approval by the Board of County
Commissioners.
26) Recommendation for the Board to approve termination of the
Subrecipient Agreement for a Community Development Block Grant
(CDBG), between The Growth Management Transportation
Engineering Department and the Housing, Human and Veteran
Services (HHVS) Department for the Naples Manor Sidewalk
Installation Project.
By freeing the CSBG funds, the sidewalks can be constructed
more expeditiously and at a lower cost and unencumbered by a
federal process
27) Recommendation to approve Change Order #1 for the Work Order
with Bonness, Inc. for the Construction of the Progress Avenue at
Livingston Road Intersection Improvements, Project No. 60188-2, in
the amount of $40,906.26.
For unforeseen work during the design phase, that modified the
existing traffic signal system
28) Request to authorize the Chairman to sign 30 day notification form
letters to utility companies requesting relocation of facilities located in
the County's Right-of-Way.
29) Recommendation to approve modifications to two Local Agency
Program (LAP) funded contracts: 1) # 11-5679 Intersection
Improvements Lake Trafford Road and SR 29 and 2) #11-5674
Boston Avenue Sidewalk Improvements in order to fulfill the
requirements of the granting agency. (Fiscal Impact: $0)
Removing language regarding workmanship warranty from the
County's construction contracts to meet the granting agency's
requirements (FHW A) passed through the FDOT Local Agency
Program
Page 17
September 13-14,2011
30) Recommendation for the Board of County Commissioners to
recognize FY 2011 Federal Transit Administration Section 5307 grant
revenues in the amount of $2,504,638 for Collier Area Transit,
recognize auction proceeds from the sale of rolling stock in the
amount of$7,760 and approve the necessary budget amendment.
Project #33172
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve and ratify Staffs Zero Dollar Time
Extension to Contract No. 09-5333 for Professional Consulting
Services in order to process the Consultant's final invoice for work
completed on the Bayshore/Gateway Overlay Land Development
Code Regulations with RW A, Inc., and to close out the Contract; and
authorize the County Manager or his designee to sign the necessary
documents.
For invoices submitted after the contract expired on January 31,
2011
Moved to Item #13A (Per Agenda Change Sheet)
2) This item was continued from the May 10~ 2011 BCC meetin2.
Recommendation to approve a Resolution to petition Governor Scott
to extend the "Rural Area of Critical Economic Concern" designation
awarded to Florida's Heartland Regional Economic Development
Initiative, Inc. for another 5-years and to keep the Community of
Immokalee within the South Central Rural Area of Critical Economic
Concern designation.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to authorize budget amendments in the amount of
$671,077 to transfer various projects between the water and
wastewater capital funds in order to spend down and close out the
2006 Revenue Bond Proceeds Fund.
For #70892 SCRWTP Wellfield Expansion Pump Station
Improvements, #73050 Wastewater Line Technical Support
Project and #99415 Reserves in the 2006 Revenue Bond Proceeds
Fund
Page 18
September 13-14,2011
2) Recommendation to approve the purchase and installation of two
clarifier mechanisms from Douglas N. Higgins, Inc. in the amount of
$220,800 for the North County Water Reclamation Facility (NCWRF)
Technical Support Project, Project Number 73968; and approve a
budget amendment in the amount of $220,800 from Project Number
70050 Master Pump Station Technical Support to Project Number
73968.
Associated with RFQ #08-5011-49
3) Recommendation to award Bid Number ll-5668R, Collection and
Recycling of Latex Paint, to Scott Paint Company, Inc., as primary
vendor, and to E.Q. Florida, Inc., as secondary vendor. Expenditures
are estimated to be $54,000 annually.
4) Recommendation to approve and ratify staffs extension of Work
Order No. 4500106888 with Q. Grady Minor & Associates, P.A., to
process the consultant's final invoice of $2,542.68 for work completed
on the Roost Road Water Main Interconnect.
Associated with Contract #06-3969 for Project #71050.1
5) Recommendation to approve Contract # 11-5720, South County
Regional Water Treatment Plant Deep Injection Well IW-2 Tubing
Replacement, Project #70088, in the amount of $720,300 to
Youngquist Brothers, Inc.; and authorize a budget amendment in the
amount of $720,300, for Project #70088.
Due to a failure of the casing in DIW IW-2
6) Recommendation to award Bid Number 11-5678, "Palm Springs
Water Distribution System Replacement," in the amount of $794,538
to Southwest Utility, including the base bid of $689,675 to rehabilitate
the potable water distribution system, and the bid alternate of
$104,863 for stormwater management improvements serving the Palm
Springs Subdivision, Project No. 71010 (base bid) and Project No.
60113 (bid alternate).
7) Recommendation to approve a Resolution revising the procedure by
which Collier County Water-Sewer District customers receive credit
Page 19
September 13-14,2011
adjustments for cooling tower water evaporation, superseding and
replacing the current procedure established by Resolution No. 2002-
365.
Resolution 2011-145
8) Recommendation to approve a work order in the amount of $343,620
to Douglas N. Higgins, Inc., for the Sub Master Pump Station 312.41
Rehabilitation, Project Number 70046, under Contract #08-5011,
Fixed- Term Underground Utilities Contract.
For the installation of pumps, electrical gear and a permanent
emergency generator at the intersection of White Lake Blvd. and
City Gate Blvd.
9) Recommendation to approve the purchase and installation of two
motorized strainers and return activated sludge and waste activated
sludge pumps from Mitchell and Stark Construction Company, Inc., in
the amount of $267,720 and $245,728 respectively for the North
County Water Reclamation Facility Technical Support Project
Number 73968; and, approve a budget amendment in the amount of
$513,448 from Project Number 70050, Master Pump Station
Technical Support, to Project Number 73968.
Replacement and Rehabilitation will assure that IQ water will
meet regulatory and customer quality requirements and the
ability to operate oxidation ditch number two to treat wastewater
more reliably
10) Recommendation to approve a Utility Easement from the School
District of Collier County to the Collier County Water-Sewer District
for Irrigation Quality (IQ) Water pipeline and associated infrastructure
including telemetry antennae, electrical panel, meter assembly,
electrical conduit, and for access on, over and across a portion of the
Vineyards Elementary School property located within Vineyards
Elementary School off Vanderbilt Beach Road in Naples, Florida at
an estimated cost not to exceed $30, Project Number 70062.
Folio #80708185001
11) Recommendation to approve an Agreement with The District School
Board of Collier County, Florida, and accept a Right of Entry for a
Page 20
September 13-14, 2011
groundwater monitor well and environmental monitoring purposes, in
an amount not to exceed $27.
Folio #00301240006 between 18th Street SE and 20th Street SE in
Golden Gate Estates
Withdrawn (Per Agenda Change Sheet)
12) Recommendation to approve a requisite Memorandum of Agreement
with the Florida Department of Transportation and the Florida
Department of Financial Services, Division of Treasury, to establish
an interest bearing escrow account for the funds required to relocate
Collier County Water-Sewer District-owned underground utility lines
to accommodate the widening of State Road 84 between Santa
Barbara Boulevard and Radio Road.
13) Recommendation to approve staffs proposed Deduct Change Order
No.2, to Contract No. 10-5441 with Douglas N. Higgins, Inc., for the
Isles of Capri Water Main Replacement Phase 1 Project.
For a direct material purchase of piping material made by the
County
14) Recommendation to approve budget amendments of$108,300 and
$1, I 00 for Fund 408 (Collier County Water Sewer District) and Fund
441 (Goodland Water District) respectively, to reallocate budgeted
operating expenses within the funds for reimbursement to the Federal
Emergency Management Agency/State of Florida for Tropical Storm
Fay expenses also paid by insurance.
Relating to the Public Utilities Division (PUD)
15) Recommendation to approve a Utility and Access Easement from
Collier County to the Collier County Water-Sewer District to improve
current access and to install a water line for fire protection for Master
Pumping Station 312 for a total cost not to exceed $27, Project
Number 72549.1.
Located in the southwest corner of the Embassy Woods PUD
(Glen Eagle), off of Davis Blvd.
D. PUBLIC SERVICES DIVISION
Page 21
September 13-14, 2011
1) Recommendation to authorize reimbursement to the grantor agency,
Corporation for National & Community Service, for an unauthorized
$300 expenditure for musical entertainment at the RSVP recognition
event.
Housing, Human and Veteran Services hired a harpist for the
event that was held on March 24, 2010
2) Recommendation to approve Amendment No.6 to the FDEP Cost
Share Contract No. 05CO 1 yearly monitoring cost reimbursement of
the Collier County Beach Renourishment and authorize the Chairman
to sign Amendment No.6. This Contract Amendment will result in a
$300,075 reduction in contract value from the State close out of
completed contract work.
Moved to Item #10L (Per Commissioner Hiller during Agenda Changes)
3) Recommendation to approve and ratify staffs Zero Dollar Time
Extension Change Order for Professional Engineering Services with
Atkins (previously known as PBS&J) to Work Order No. 4500100227
in order to process final invoice for work completed for "Clam
Pass/Bay Estuary" .
4) Recommendation to Reject Solicitation (ITB) #11-5723, and the
associated proposal that was submitted and authorized by the
Purchasing Department for the Golden Gate Canal new pathway.
Due to the lowest bid being significantly over budget
Moved to Item #101 (Per Agenda Change Sheet)
5) Recommendation to waive boarding fees in the amount of $16,400
associated with the kenneling of two declared dangerous dogs, in
exchange for dismissal of a pending dangerous dog appeal, and in
order for the dogs to be reunited with their owners, who currently live
out-of-county.
6) Recommendation to authorize a budget amendment in the amount of
$100,000 for pool tank repair at North Collier Regional Park Sun N
Fun Lagoon.
Page 22
September 13-14,2011
7) Recommendation to approve and authorize the Chairman to sign the
Trademark License Agreement with the National Down Syndrome
Society (NDSS) for the Second Annual Buddy Walk at North Collier
Regional Park on October 22, 2011.
Moved to Item #10G (Per Agenda Change Sheet)
8) This item was continued from the July 26~ 2011 BCC Meetin2.
Request that the Board of County Commissioners review and approve
the County Attorney's recommendation to waive any potential ethics
conflict for a Code Enforcement Board member based on Ch. 112,
Florida Statutes.
E. ADMINISTRATIVE SERVICES DIVISION
1) Request for authorization to advertise and bring back for future
consideration an ordinance regulating the public's use of "preserve
lands" managed by Conservation Collier and the Collier County Parks
and Recreation Department.
2) Recommendation to award ITB #11-5696, "Paint and Related Items,"
to Sherwin-Williams for an estimated annual amount of $65,000.
For the Facilities Management Department
3) Recommendation to award ITB #11-5715, "Plumbing Parts and
Supplies," to Ferguson Enterprises, Inc., as the primary, Plumbmaster,
Inc., as the secondary, and First Class Plumbing of Florida, Inc., as the
tertiary for an estimated annual amount of$185,000.
For the Facilities Management Department
4) Recommendation to waive the formal competitive process in the best
interest of the County and approve a negotiated contract with Robert
Flinn Records Management Center (approximate annual spend:
$48,000).
To store 11,000 boxes of paper copy documents until they are
electronically stored
5) Recommendation to approve the proposals received for the Letter of
Interest (LOI) #11-5731 Food Service for Collier County from
Page 23
September 13-14,2011
Russell's Clambakes, Jason's Deli, Subway Candito Management and
Country Caterers BBQ Inc, for events that are related to emergencies
and disasters.
6) Recommendation that the Board terminate Contract #08-5034 Tee
Shirts with North Coast Imagewear, Inc. (approximate annual spend
$40,000).
For failure to fulfill contract requests
7) Recommendation to award Bid No. 11-5699, Part A, Medical Director
to Dr. Gregory E. Leach MD, and Part B, Employment Physicals &
Drug Testing to Advanced Medical Center, LLC. (Estimated annual
fiscal impact $50,000)
Contract term is for one year with the option to renew for three
additional one year periods
8) Recommendation to award Invitation to Bid (ITB) #11-5721 to
Scripps Media dba Naples Daily News as the news media source to
advertise delinquent real estate or property taxes (estimated annual
advertising cost: $90,000).
Used by the Tax Collector's Office and the Purchasing
Department
9) Recommendation to approve the assumption of Contract from Gruelle
Construction, Inc. to Honc Marine Services, Inc. d/b/a Honc
Destruction for Demolition of Commercial and Residential Structures.
Due to the purchase of Gruelle assets by Honc Marine Services on
July 27, 2011
10) Recommendation to rename the Conservation Collier Limpkin Marsh
Preserve to the Redroot Preserve.
Located at the Corkscrew Sanctuary
11) Recommendation to authorize the County Manager, or his designee,
as the Board of County Commissioner's agent, to apply for Florida
Fish and Wildlife Conservation Commission Antlerless Deer Permits
to facilitate Pepper Ranch Preserve Hunt Program events.
To manage the deer population within the preserve
Page 24
September 13-14, 2011
12) Recommendation to approve and authorize the Chairman to sign, an
Interlocal Agreement with the Florida Fish and Wildlife Conservation
Commission and an Interlocal Agreement with Corkscrew Regional
Ecosystem Watershed Land and Water Trust in order to facilitate
managed public hunting at Caracara Prairie Preserve.
For a period of 5 years and may be extended for five additional
terms, with each term totaling 5 years
Continued to the September 27,2011 BCC Meeting (Per Agenda Change Sheet)
13) Recommendation to establish standards and criteria for the use of Peer
Reviews of designs for major capital projects.
14) Recommendation to recognize and appropriate special service
revenues in the amount of$53,188 and approve all necessary Fiscal
Year 2011 budget amendments.
For special services needed for building maintenance performed
by Facilities Management
15) Recommendation to approve the artist's renderings to be used in the
construction of a bronze bust of former County Manager James V.
Mudd donated by Abbas Asli (landlord of the former Property
Appraiser's office building) for placement in the James V. Mudd
Emergency Services Center.
Approved by the Mudd family
16) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
For the period of July 8, 2011 through August 19,2011
17) Recommendation to ratify Property, Casualty, Automobile, Workers'
Compensation and Subrogation Claims settled and/or closed by the
Risk Management Director pursuant to Resolution #2004-15 for the
Third Quarter of FYI 1.
45 claims were closed with total expenditures of $50,994.59 and an
additional 25 subrogation claims were closed with the County
recovering $148,750.10
Page 25
September 13-14,2011
F. COUNTY MANAGER OPERATIONS
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meeting dated August 9, 2011)
For a modification to Contract #11-5704, to meet budgetary
limitations
2) This item was continued from the July 26~ 2011 BCC Meetin2.
Recommendation to approve and authorize the Chairman to sign
Amendment #2 to the Friends of Rookery Bay, Inc., FYll Tourist
Tax Development Tax Grant Agreement to extend the agreement until
January 31, 2012, change the current funding source from Category
C-2 to Tourism Promotion Fund 184 as a Category B marketing grant,
clarify reimbursement requirements in the agreement, and waive the
$25,000 funding limit and 80% second request guidelines in the
Category B grant application for FY 11 and FY12.
3) Recommendation to approve a Florida Emergency Medical Services
County Grant Application, Grant Distribution Form and Resolution
for the funding of Medical/Rescue Equipment and Supplies in the
amount of$38,9l9 and to approve a Budget Amendment.
Resolution 2011-146
4) Recommendation to approve a Memorandum of Understanding
between Collier County and First Baptist Church of Naples, Inc. in
support of Emergency Management activities related to natural and
manmade hazards emergency response.
5) Recommendation to accept report to the Board of County
Commissioners covering Budget Amendments from reserves in the
amount less than $25,000.
BA #11-421, for operating expenses for the Naples Depot
6) Recommendation to approve a budget amendment for the contribution
of$53,447 to the Pelican Bay Irrigation and Landscaping Fund (322),
Program (#50066) Pelican Bay Hardscape to pay for the construction
Page 26
September 13-14,2011
of a crosswalk.
7) Recommendation to approve and authorize the Chairman to sign
Amendments to FY 11 Tourist Development Tax Category Band C-2
Grant Agreements to clarify reimbursement requirements.
Relating to Contract #10-5551 with Corrigan Sports Enterprises,
Naples International Film Festival, ArtsNaples World Festival,
Golisano Children's Museum of Naples, Southwest Florida
Holocaust Museum, Naples Art Association, Naples Botanical
Garden and United Arts Council
8) Recommendation to approve and ratify the Collective Bargaining
Agreement with the Professional Firefighters of the Everglades
International Association of Firefighters, Local #3670.
To run through September 30, 2014
9) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010-11 Adopted Budget.
Resolution 2011-147
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, adopt and authorize the Authority's Executive
Director to execute and promulgate a Leasing Manual for Aircraft
Storage Space at the Marco Island Executive Airport, Immokalee
Regional Airport, and Everglades Airpark.
Notification of certain standard lease provisions, rates, and terms
applicable to tenants leasing property
2) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approve and authorize the Airport Manager(s)
to execute a standard self-fueling permit for the Marco Island
Executive Airport, Immokalee Regional Airport and Everglades
Airpark.
Page 27
September 13-14,2011
3) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, amend the 2011 rates and charges for the
Everglades Airpark, Immokalee Regional Airport and Marco Island
Executive Airport to add a $1,000 non-refundable fee for the
Authority to start processing a self-fueling permit application.
4) Recommendation to approve two (2) Sub-Lease Agreements between
the Collier County Airport Authority and Gregory Shepard for parcels
of land improved with buildings at the Immokalee Regional Airport.
Used as storage and maintenance facilities associated with a non-
profit museum
5) Recommendation to approve the conveyance of a Utility Easement to
Immokalee Water & Sewer District for providing water service to the
Immokalee Airport USDA Building located at 190 Airpark
Boulevard, Immokalee at a cost not to exceed $18.50.
For a portion of Folio #00115400003
6) Recommendation to approve the conveyance of an Underground
Easement (Business) to Florida Power & Light Company for
providing electrical service at the Marco Island Airport located at
2005 Mainsail Drive, Naples, Florida at a cost not to exceed $35.50.
Folio #00744080001
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Economic Development Council 2011 Excellence in
Industry Awards Luncheon on September 15,2011 at the Hilton
Naples in Naples, FL. $15 to be paid from Commissioner Fiala's
travel budget.
Located at 5111 Tamiami Trail N.
2) Appointment of members to the Southwest Florida Workforce
Development Board, Inc.
Resolution 2011-148, Appointing Renee Thigpen and Jim Lamb
Page 28
September 13-14, 2011
Moved to Item #9H (Per Agenda Change Sheet)
3) To authorize the Chairman of the Board of County Commissioners to
sign a letter of concurrency for the Florida Department of Children
and Families for the State of Florida Refugee Services Targeted
Assistance Grant Program and the utilization of these funds in Collier
County through the Catholic Charities.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file for record with action as
directed.
2) Advisory Board Minutes and Agendas to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of July 21,
2011 and July 22, 2011 and for submission into the Official Records
of the Board.
2) To obtain Board approval for disbursements for the period of July 23,
2011 through July 29,2011 and for submission into the Official
Records of the Board.
3) To obtain Board approval for disbursements for the period of July 30,
2011 through August 5, 2011 and for submission into the Official
Records of the Board.
4) To obtain Board approval for disbursements for the period of August
6,2011 through August 12,2011 and for submission into the Official
Records of the Board.
5) To obtain Board approval for disbursements for the period of August
13, 2011 through August 19, 2011 and for submission into the Official
Records of the Board.
Page 29
September 13-14, 2011
6) To obtain Board approval for disbursements for the period of August
20, 2011 through August 26, 2011 and for submission into the Official
Records of the Board.
7) Recommendation to authorize the Collier County Supervisor of
Elections to accept federal election activities funds in the amount of
$32,213.21 with a 15% matching contribution in the amount of
$4,831.98 and that the Board direct its Chairman to sign the
Certificate Regarding Matching Funds.
Funds to support election activities related only to federal
elections
8) Recommendation to approve an Interlocal Agreement for Election
Services pertaining to services and voting equipment used by the City
of Everglades City in connection with an election to be held on
November 22, 2011.
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement in the
lawsuit styled Berkshire Lakes Master Association, Inc. v. Wilson
Miller, et aI., Case No. 10-1270-CA (Fiscal Impact: None).
Relating to damages associated with the construction of the 1-75
overpass at Santa Barbara Blvd.
Moved to Item #IIA (Per Agenda Change Sheet)
2) Request for authorization to advertise and bring back for future
consideration ordinances which repeal or amend certain Collier
County ordinances relating to the regulation of firearms and
ammunition in order to comply with recent amendments to Section
790.33, Florida Statutes, which preempts all such regulatory powers to
the State of Florida effective October 1, 2011, and that following such
future public hearing the Board considers referring two Special Acts
dealing with firearms to the Legislative Delegation, with a request that
the Legislature review them for possible repeal.
3) Recommendation that the Board of County Commissioners approve a
Retention Agreement for legal services on an "as needed" basis with
Page 30
September 13-14, 2011
the law firm of Hopping, Green & Sams, P .A.
Relating to environmental, land use, permitting and community
development districts issues
4) Recommendation to approve a settlement in the lawsuit entitled
Jennifer Ressel, as Parent and Natural Guardian of Joshua Friedman, a
Minor v. Collier County, A Political Subdivision of the State of
Florida, filed in the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $8,000 and authorize the Chairman to
execute the Settlement Agreement.
Relating to an injury at the Golden Gate Community Park on
January 16,2010
5) Recommendation to authorize staff to prepare and submit
Declarations of Continued Use to maintain service mark registrations
with the United States Patent & Trademark Office to preserve the
County's advertising, logos, phrases and slogans.
For the phrases "Naples Marco Island Everglades Paradise
Coast" and "Florida's Last Paradise" at a cost of $200.00
Continued to the October 11, 2011 BCC Meeting (Per Agenda Sheet)
6) Recommendation that the Board consider the withdrawal of the
designation of the Stewardship Sending Area known as Half Circle L
Ranch Partnership ("HCLRP") SSA #8 and the termination of the
Stewardship Sending Area Credit Agreement and the Stewardship
Easement Agreement, and the canceling of the Stewardship credits
generated by the designation of said Stewardship Sending Area.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
Page 31
September 13-14, 2011
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearin2 be held on this item~ all participants are
required to be sworn in. CU-PL20l0-166: Yahl Mulching & Recycling,
Inc. - A Resolution of the Board of Zoning Appeals of Collier County,
Florida providing for the establishment of a Conditional Use to allow a
collection and transfer site for resource recovery within an Agricultural (A)
zoning district pursuant to Subsection 2.03.01.A.l.C.12 of the Collier
County Land Development Code for property located in Section 31,
Township 49 South, Range 27 East, Collier County, Florida.
Resolution 2011-149
B. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls, and adopting same as the non-ad valorem
assessment rolls for purposes of utilizing the uniform method of collection
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District Number I and Service District
Number II, Special Assessment levied against certain residential properties
within the unincorporated area of Collier County, the City of Marco Island,
and the City of Everglades City, pursuant to Collier County Ordinance 2005-
54, as amended. Revenues are anticipated to be $18,527,700. For FY20l2,
the total special assessment proposed for Solid Waste Municipal Service
Benefit Units, Service District I is $173.49 and Service District II is $165.28
per residential unit. These assessment amounts are the same as those
approved by the Board in FY2011.
Resolution 2011-150 (District I)
Resolution 2011-151 (District II)
C. Recommendation to approve a resolution designating the Close-Out of nine
(9) adopted Planned Unit Developments (PUDs) which have fully completed
all or an independent portion of development pursuant to their development
orders constructing up to the authorized density and/or intensity and have
been found by county staff to be compliant with their specific developer
commitments.
Resolution 2011-152
Page 32
September 13-14, 2011
D. Recommendation to approve a resolution designating the Close-Out of five
(5) adopted Planned Unit Developments (PUDs) which have fully completed
all or an independent portion of their developments pursuant to their
development orders constructed up to the authorized density and/or intensity
and have been found by county staff to have only one transportation
commitment remaining which will be tracked through the Commitment
Tracking System.
Resolution 2011-153
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2010-11 Adopted Budget.
Resolution 2011-154
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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September 13-14,2011